$10.0 million - Record settlement for a birth injury case
We recently settled a birth injury case in Hawaii for $10,000,000. In that case, the mother had an uncomplicated pre-natal course. During the labor and delivery the fetal heart tracings demonstrated fetal distress that warranted an expedited delivery. The pH of 6.98 and base deficit of 15.4 suggested that the child suffered from hypoxic ischemic encephalopathy (HIE) that occurred during the delivery process. The defendants contended that the fetal distress on the fetal heart tracings did not justify intervention earlier. They contended that the cord gas did not evidence significant metabolic acidosis and the child course after birth was more consistent with intrauterine infection. Plaintiffs contended that the baby’s blood gases and clinical presentation fit the ACOG guidelines for hypoxic ischemic encephalopathy. The baby is a spastic quadriplegic, tube fed with global delays, including severe cognitive deficits. This confidential settlement is considered to be a record birth injury settlement for Hawaii.
$8.9 million – Improper Vacuum Extraction; Late delivery
Our birth injury lawyers tried a case against the United States government in the Federal District Court of Hawaii. We alleged that the child sustained a birth injury arising from the negligent management during the labor and delivery process. The defendants argued that the statute of limitations had run on the claim and that they were not negligent. We prevailed on both issues that were tried separately. We obtained a judgment for $8.9 million. Our birth injury lawyers were told at the time that this was the highest Ninth Circuit award for an individual in a medical malpractice case.
$8.0 million – Settlement for neonatal/birth injury
Our client was found by a nurse in the first 24 hours of life not breathing and a code was called. During the resuscitation, the child was ventilated with an improper ventilator tube without an exhaust valve. The ventilator ruptured both lungs. This caused the baby to have severe spastic quadraparesis. We alleged that the resuscitation team was negligent for failing to apply an exhaust valve.
$5.0 million - Highest birth injury settlement in state’s history for delayed emergency C-Section.
There was an abruption of the placenta which caused significant fetal distress that was reflected on the fetal monitoring strips. An emergency C-Section was requested but not performed until forty minutes later. The case settled for the physician’s full insurance policy limits.
$4.75 million - Failure to recognize fetal distress
We contended that the hospital and obstetrician didn’t recognize and promptly treat fetal distress during the labor process. The defendants alleged the baby’s injuries were caused by illegal drugs taken by the mother during the course of the pregnancy. The case settled for $4,750,000.
$4.1 million - Failure to timely diagnose fetal distress and deliver baby causing brain injury.
$4.0 million - Failure to recognize fetal distress and promptly deliver baby causing brain injury.
$3.8 million - Improper use of forceps causing brain injury.
$3.650,000 – Wrongful life/birth case for failure to diagnose spina bifida.
$3.5 million - Failure to recognize nonreassuring signs and deliver; brain injury,
$3.45 million –Failure to recognize nonreassuring signs and deliver; brain injury.
$3.32 million - Failure to recognize nonreassuring signs and delivery; brain injury.
$3.1 million – Failure to recognize nonreassuring signs and deliver; brain injury,
$3.0 million - Shoulder dystocia resulting in brain injury causing brain injury.
$2.8 million - Nurse midwife negligence causing brain injury.
$1.95 million – Failure to diagnose hydrocephalus.